THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA FULL DAY SEMINAR ON TDS
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1 THE INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA WESTERN INDIA REGIONAL COUNCIL FULL DAY SEMINAR ON TDS 12 TH FEB 2011 J S LODHA AUDITORIUM, CUFFE PARADE, MUMBAI Atul T. Suraiya asuraiya@hotmail.com
2 JUSTICE SUJATA MANOHAR S OFT QUOTED LIMMERICK: I AM THE COUNTRY S DRAFTSMAN I DRAFT THE COUNTRY S LAWS FOR MORE THAN HALF THE LITIGATION I AM THE CAUSE! Atul T. Suraiya asuraiya@hotmail.com
3 INTRODUCTION: AGENTS OF THE GOVERNMENT WITHOUT REMUNERATION ONEROUS RESPONSIBILITY NO REWARD FOR ACTION ON BEHALF OF THE GOVERNMENT CONSEQUENCES FOR NON / MIS-COMPLIANCE INTERESTS PENALTIES PROSECUTIONS DISALLOWANCES OF EXPENSES ADDITION TO INCOME FOR ACTIONS OF OTHERS. Atul T. Suraiya asuraiya@hotmail.com
4 FACTORS GIVING RISE TO CONTROVERSIES: AMENDMENTS TO THE ACT RELATED TO TDS AS WELL AS OTHER PROVISIONS ISSUE OF CIRCULARS AND NOTIFICATIONS INTERPRETATIONAL ISSUES CASELAWS AND LEGAL PRECEDENTS
5 TAX DEDUCTION AND COLLECTION ACCOUNT NUMBER (TDCAN) FORM 49B NSDL JURISDICTION OVER BRANCHES / FACTORY / GODOWNS, ETC MORE THAN ONE PLACE OF ACTIVITY HOW TO DRAW THE LINE WHEN TO OBTAIN SEPARATE TDCAN CIRCULAR 719 OF 1995 CIRCULAR 744 OF 1996 L & T s CASE 278 ITR 369 (ORI) EMPHASIS IS ON ADMINISTRATIVE CONVENIENCE OF COMPLIER NOT ON JURISDICTIONAL AUTHORITY OF ADMINISTRATOR
6 SALARIES: SECTION 192 ON ESTIMATE UNIQUE AS COMPARED TO REST OF CH XVII AT TIME OF PAYMENT AT AVERAGE RATE ON ESTIMATED SALARY ONLY LOSS ALLOWABLE IS HOUSE PROPERTY EXEMPTION U/S 10(14) FORM 16 IS NOT SACROSANCT EMPLOYEE S LIABILITY IS ABSOLUTE COMMISSION DETERMINED AFTER AUDIT OF EMPLOYER CIRCULAR 1/2010 DT.11/1/2010 CIRCULAR 10/2010 DT
7 SECTION 194C: PAYMENT TO CONTRACTORS AND SUB CONTRACTORS FOR WORK DEFINITION HISTORY OF THE SECTION CIRCULAR 681 DT 8/3/1994 NEWER SECTIONS OVERLAPPING SECTION 194J CIRCULAR 720 DT CARRIAGE OF GOODS AND PASSENGERS SALE OF GOODS V. WORKS CONTRACT ACT EXTENTION OF BUSINESS ARM
8 SECTION 194C.. CARRIAGE OF GOODS AND PASSENGERS: WORDINGS USED IN SECTION 194C INTRODUCTION OF SECTION 194 I POOMPUHAR SHIPPING CORPORATION 282 ITR 3 MAD TATA AIG GENEREAL INSURANCE CO. LTD 43SOT 215 MUMB SWAYAM SHIPPING SERVICES PVT LTD TIOL-45-HC-AHD BMR & ASSOC TIOL-241-HC-DEL ACCENTURE SERVICES P LTD 2010-TIOL-618-ITAT-MUM
9 SALE OF GOODS V. WORKS CONTRACT ACT BDA 281 ITR 99 BOM GLENMARK INDIA MUMBAI HC HINDUSTAN LEVER LTD 2010-TIOL-315-ITAT-MUM NICHOLAS PIRAMAL 2010-TIOL-383-ITAT-MUM
10 SECTION 194 H : COMMISSION OR BROKERAGE PRINCIPAL AGENT RELATIONSHIP IS A MUST DISTINCTION BETWEEN COMMISSION AND DISCOUNT INCENTIVES AND DISCOUNTS NOT COVERED ACIT V. SAMAJ 77 ITD 358 AHMEDABAD STAMP VENDORS ASSN. 257 ITR 202 HINDUSTAN COCA-COLA BEVERAGES 97 ITD 105 (JP) NATIONAL PANASONIC 3 SOT 16 ALL INDIA RADIO COMMERCIAL BROADCASTING SERVICE / PRASAR BHARTI BROADCASTING CORP. 8 SOT 513
11 SECTION 194I: RENT.. DEFINITION OF RENT FROM : rent means any payment, by whatever name called, under any lease, sublease, tenancy or any other agreement or arrangement for the use of (either separately or together) anya. land; or b. building (including factory building); or c. land appurtenant to a building (including factory building); or d. machinery; or e. plant; or f. equipment; or g. furniture; or h. fittings, Whether or not any or all of the above are owned by the payee.
12 SECTION 194J: PROFESSIONAL SERVICE MEANS SERVICES RENDERED BY A PERSON IN THE COURSE OF CARRYING ON LEGAL, MEDICAL, ENGINEERING OR ARCHITECTURAL PROFESSION OR THE PROFESSION OF ACCOUNTANCY OR TECHNICAL CONSULTANCY OR INTERIOR DECORATION OR ADVERTISING OR SUCH OTHER PROFESSION AS IS NOTIFIED BY THE BOARD FOR THE PURPOSES OF SECTION 44AA OR OF THIS SECTION
13 SECTION 194J.. FEES FOR TECHNICAL SERVICES SECTION 9(1)(vii) EXPL 2: Means any consideration (including any lump sum consideration) for the rendering of any managerial, technical or consultancy services (including the provisions of services of technical or other personnel) but does not include consideration for construction, assembly, mining or like project undertaken by the recipient or consideration which would be income of the recipient chargeable under the head salaries ROYALTY Meaning in Section 9(1)(vi) Expl 2 DISTINCTION BETWEEN ADVERTISING IN 194C VIS A VIS 194J FOREIGN INCOMING REMITTANCE DOES NOT ATTRACT TDS CIRCULAR 766 DT 24/4/1998
14 PROSECUTION SECTION 276B SUPREME COURT MADHUMILAN SYNTEX 160 TAXMAN 71 DELHI IRON WORKS 2010 TIOL 762 HC DEL IT DOCTRINE OF UNJUST ENRICHMENT
15 L OREAL TDS ORIENTATION MAY 2007 THANK YOU
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